Creative DAP6406 User Guide - Page 5

Software prove defective, you (and not Creative, or its distributors or dealers) assume the entire cost of all necessary servicing, repair or correction. This warranty gives you specific legal rights, and you may also have other rights which vary from country/state to country/state. Some countries/states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Creative disclaims all warranties of any kind if the Software was customized, repackaged or altered in any way by any third party other than Creative. LIMITATION OF REMEDIES AND DAMAGES THE ONLY REMEDY FOR BREACH OF WARRANTY WILL BE THAT SET FORTH IN THE WARRANTY CARD OR PRINTED MANUAL INCLUDED WITH THE SOFTWARE. IN NO EVENT WILL CREATIVE OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUES OR LOST DATA ARISING FROM OR RELATING TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF CREATIVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CREATIVE'S LIABILITY OR DAMAGES TO YOU OR ANY OTHER PERSON EVER EXCEED THE AMOUNT PAID BY YOU TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM. Some countries/states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. PRODUCT RETURNS If you must ship the software to Creative or an authorized Creative distributor or dealer, you must prepay shipping and either insure the software or assume all risk of loss or damage in transit. U.S. GOVERNMENT RESTRICTED RIGHTS All Software and related documentation are provided with restricted rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software Clause at 252.2277013. If you are sub-licensing or using the Software outside of the United States, you will comply with the applicable local laws of your country, U.S. export control law, and the English version of this Agreement. CONTRACTOR/MANUFACTURER The Contractor/Manufacturer for the Software is: Creative Technology Ltd 31, International Business Park Creative Resource Singapore 609921 GENERAL This Agreement is binding on you as well as your employees, employers, contractors and agents, and on any successors and assignees. Neither the Software nor any information derived therefrom may be exported except in accordance with the laws of the U.S. or other applicable provisions. This Agreement is governed by the laws of the State of California (except to the extent federal law governs copyrights and federally registered trademarks). This Agreement is the entire agreement between us and supersedes any other understandings or agreements, including, but not limited to, advertising, with respect to the Software. If any provision of this Agreement is deemed invalid or unenforceable by any country or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable, and the remaining provisions will remain in full force and effect. For questions concerning this Agreement, please contact Creative at the address stated above. For questions on product or technical matters, contact the Creative technical support center nearest you. ADDENDUM TO THE MICROSOFT SOFTWARE LICENSE AGREEMENT (WINDOWS 95) IMPORTANT: By using the Microsoft software files (the "Microsoft Software") provided with this Addendum, you are agreeing to be bound by the following terms. If you do not agree to be bound by these terms, you may not use the Microsoft Software. The Microsoft Software is provided for the sole purpose of replacing the corresponding files provided with a previously licensed copy of the Microsoft software product identified above ("ORIGINAL PRODUCT"). Upon installation, the Microsoft Software files become part of the ORIGINAL PRODUCT and are subject to the same warranty and license terms and conditions as the ORIGINAL PRODUCT. If you do not have a valid license to use the ORIGINAL PRODUCT, you may not use the Microsoft Software. Any other use of the Microsoft Software is prohibited. Limited Hardware Warranty Creative Labs warrants that the product enclosed herein to be free of defects for a period of ninety (90) days from the date of purchase. In the event of a defect in material or workmanship during the warranty period, Creative Labs, at its discretion, will repair or replace the defective product when the defective product is returned to Creative Labs by the owner. The remedy for this breach of warranty is limited to servicing or replacement only and shall not cover any other damages, including but not limited to the loss of profit, special, incidental, consequential, and other similar claims. Creative Labs specifically disclaims all other warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose with respect to the defects of the products and program license granted herein. With respect to the use of this product, in no event shall Creative Labs be liable for any loss of profit or any commercial damage, including but not limited to special, incidental, consequential, or other damages. Some states/countries do not allow the exclusion of limitation of liability for consequential, or incidental damages, in which case the above limitation may not apply to you. If the product is found to be defective, Creative Labs, at its option, agrees to replace or repair the product at no charge except as stated below, provided that you deliver the product with a return material authorization (RMA) number and a dated proof of purchase. If you ship the product to Creative Labs, you must assume the risk of damage or loss in transit. You must use the original container (or the equivalent) and pay the shipping charge. Creative Labs may replace or repair the product with new or reconditioned parts, and the replaced parts or product become the property of Creative Labs. Creative Labs warrants the repaired or replaced product to be free from defects in material and workmanship for a period of ninety (90) days from the return shipping date. Before returning any product, contact Creative Labs' Technical Support (for telephone numbers and addresses, see the Technical Support section of this document). If Creative Labs' Technical Support verifies that the product is defective, the Return Authorization Department will issue an RMA number to place on the outer package of the product. Creative Labs cannot accept any product that does not include an RMA number on the package.